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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 675 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 675

To express the policy of the United States regarding the United States 
  relationship with Native Hawaiians and to provide a process for the 
   recognition by the United States of the Native Hawaiian governing 
                                entity.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2011

  Mr. Akaka (for himself, Mr. Inouye, Mr. Begich, and Ms. Murkowski) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL

 
To express the policy of the United States regarding the United States 
  relationship with Native Hawaiians and to provide a process for the 
   recognition by the United States of the Native Hawaiian governing 
                                entity.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native Hawaiian Government 
Reorganization Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Constitution vests Congress with the authority to 
        address the conditions of the indigenous, native people of the 
        United States and the Supreme Court has held that under the 
        Indian Commerce, Treaty, Supremacy, and Property Clauses, and 
        the War Powers, Congress may exercise that power to rationally 
        promote the welfare of the native peoples of the United States 
        so long as the native people are a ``distinctly native 
        community'';
            (2) Native Hawaiians, the native people of the Hawaiian 
        archipelago that is now part of the United States, are 1 of the 
        indigenous, native peoples of the United States, and the Native 
        Hawaiian people are a distinctly native community;
            (3) the United States has a special political and legal 
        relationship with, and has long enacted legislation to promote 
        the welfare of, the native peoples of the United States, 
        including the Native Hawaiian people;
            (4) under the authority of the Constitution, the United 
        States concluded a number of treaties with the Kingdom of 
        Hawaii, and from 1826 until 1893, the United States--
                    (A) recognized the sovereignty of the Kingdom of 
                Hawaii as a nation;
                    (B) accorded full diplomatic recognition to the 
                Kingdom of Hawaii; and
                    (C) entered into treaties and conventions of peace, 
                friendship and commerce with the Kingdom of Hawaii to 
                govern trade, commerce, and navigation in 1826, 1842, 
                1849, 1875, and 1887;
            (5) pursuant to the Hawaiian Homes Commission Act, 1920 (42 
        Stat. 108, chapter 42), the United States set aside 
        approximately 203,500 acres of land in trust to better address 
        the conditions of Native Hawaiians in the Federal territory 
        that later became the State of Hawaii and in enacting the 
        Hawaiian Homes Commission Act, 1920, Congress acknowledged the 
        Native Hawaiian people as a native people of the United States, 
        as evidenced by the Committee Report, which notes that Congress 
        relied on the Indian affairs power and the War Powers, 
        including the power to make peace;
            (6) by setting aside 203,500 acres of land in trust for 
        Native Hawaiian homesteads and farms, the Hawaiian Homes 
        Commission Act, 1920, assists the members of the Native 
        Hawaiian community in maintaining distinctly native communities 
        throughout the State of Hawaii;
            (7) approximately 9,800 Native Hawaiian families reside on 
        the Hawaiian Home Lands, and approximately 25,000 Native 
        Hawaiians who are eligible to reside on the Hawaiian Home Lands 
        are on a waiting list to receive assignments of Hawaiian Home 
        Lands;
            (8)(A) in 1959, as part of the compact with the United 
        States admitting Hawaii into the Union, Congress delegated the 
        authority and responsibility to administer the Hawaiian Homes 
        Commission Act, 1920, lands in trust for Native Hawaiians and 
        established a new public trust (commonly known as the ``ceded 
        lands trust''), for 5 purposes, 1 of which is the betterment of 
        the conditions of Native Hawaiians, and Congress thereby 
        reaffirmed its recognition of the Native Hawaiians as a 
        distinctly native community with a direct lineal and historical 
        succession to the aboriginal, indigenous people of Hawaii;
            (B) the public trust consists of lands, including submerged 
        lands, natural resources, and the revenues derived from the 
        lands; and
            (C) the assets of this public trust have never been 
        completely inventoried or segregated;
            (9) Native Hawaiians have continuously sought access to the 
        ceded lands in order to establish and maintain native 
        settlements and distinct native communities throughout the 
        State;
            (10) the Hawaiian Home Lands and other ceded lands provide 
        important native land reserves and resources for the Native 
        Hawaiian community to maintain the practice of Native Hawaiian 
        culture, language, and traditions, and for the continuity, 
        survival, and economic self-sufficiency of the Native Hawaiian 
        people as a distinctly native political community;
            (11) Native Hawaiians continue to maintain other distinctly 
        native areas in Hawaii, including native lands that date back 
        to the ali`i and kuleana lands reserved under the Kingdom of 
        Hawaii;
            (12) through the Sovereign Council of Hawaiian Homelands 
        Assembly, Native Hawaiian civic associations, charitable trusts 
        established by the Native Hawaiian ali`i, nonprofit native 
        service providers and other community associations, the Native 
        Hawaiian people have actively maintained native traditions and 
        customary usages throughout the Native Hawaiian community and 
        the Federal and State courts have continuously recognized the 
        right of the Native Hawaiian people to engage in certain 
        customary practices and usages on public lands;
            (13) on November 23, 1993, Public Law 103-150 (107 Stat. 
        1510) (commonly known as the ``Apology Resolution'') was 
        enacted into law, extending an apology on behalf of the United 
        States to the native people of Hawaii for the United States' 
        role in the overthrow of the Kingdom of Hawaii;
            (14) the Apology Resolution acknowledges that the overthrow 
        of the Kingdom of Hawaii occurred with the active participation 
        of agents and citizens of the United States, and further 
        acknowledges that the Native Hawaiian people never directly 
        relinquished to the United States their claims to their 
        inherent sovereignty as a people over their national lands, 
        either through the Kingdom of Hawaii or through a plebiscite or 
        referendum;
            (15)(A) the Apology Resolution expresses the commitment of 
        Congress and the President--
                    (i) to acknowledge the ramifications of the 
                overthrow of the Kingdom of Hawaii; and
                    (ii) to support reconciliation efforts between the 
                United States and Native Hawaiians;
            (B) Congress established the Office of Hawaiian Relations 
        within the Department of the Interior with 1 of its purposes 
        being to consult with Native Hawaiians on the reconciliation 
        process; and
            (C) the United States has the duty to reconcile and 
        reaffirm its friendship with the Native Hawaiian people 
        because, among other things, the United States Minister and 
        United States naval forces participated in the overthrow of the 
        Kingdom of Hawaii;
            (16)(A) despite the overthrow of the Government of the 
        Kingdom of Hawaii, Native Hawaiians have continued to maintain 
        their separate identity as a single distinctly native political 
        community through cultural, social, and political institutions, 
        and to give expression to their rights as native people to 
        self-determination, self-governance, and economic self-
        sufficiency; and
            (B) there is clear continuity between the aboriginal, 
        indigenous, native people of the Kingdom of Hawaii and their 
        successors, the Native Hawaiian people today;
            (17) Native Hawaiians have also given expression to their 
        rights as native people to self-determination, self-governance, 
        and economic self-sufficiency--
                    (A) through the provision of governmental services 
                to Native Hawaiians, including the provision of--
                            (i) health care services;
                            (ii) educational programs;
                            (iii) employment and training programs;
                            (iv) economic development assistance 
                        programs;
                            (v) children's services;
                            (vi) conservation programs;
                            (vii) fish and wildlife protection;
                            (viii) agricultural programs;
                            (ix) native language immersion programs;
                            (x) native language immersion schools from 
                        kindergarten through high school;
                            (xi) college and master's degree programs 
                        in native language immersion instruction; and
                            (xii) traditional justice programs; and
                    (B) by continuing their efforts to enhance Native 
                Hawaiian self-determination and local control;
            (18) Native Hawaiian people are actively engaged in Native 
        Hawaiian cultural practices, traditional agricultural methods, 
        fishing and subsistence practices, maintenance of cultural use 
        areas and sacred sites, protection of burial sites, and the 
        exercise of their traditional rights to gather medicinal plants 
        and herbs, and food sources;
            (19) the Native Hawaiian people wish to preserve, develop, 
        and transmit to future generations of Native Hawaiians their 
        lands and Native Hawaiian political and cultural identity in 
        accordance with their traditions, beliefs, customs and 
        practices, language, and social and political institutions, to 
        control and manage their own lands, including ceded lands, and 
        to achieve greater self-determination over their own affairs;
            (20) this Act provides a process within the framework of 
        Federal law for the Native Hawaiian people to exercise their 
        inherent rights as a distinct, indigenous, native community to 
        reorganize a single unified Native Hawaiian governing entity 
        for the purpose of giving expression to their rights as a 
        native people to self-determination and self-governance;
            (21) Congress--
                    (A) has declared that the United States has a 
                special political and legal relationship for the 
                welfare of the native peoples of the United States, 
                including Native Hawaiians;
                    (B) has identified Native Hawaiians as an 
                indigenous, distinctly native people of the United 
                States within the scope of its authority under the 
                Constitution, and has enacted scores of statutes on 
                their behalf; and
                    (C) has delegated broad authority to the State of 
                Hawaii to administer some of the United States' 
                responsibilities as they relate to the Native Hawaiian 
                people and their lands;
            (22) the United States has recognized and reaffirmed the 
        special political and legal relationship with the Native 
        Hawaiian people through the enactment of the Act entitled, ``An 
        Act to provide for the admission of the State of Hawaii into 
        the Union'', approved March 18, 1959 (Public Law 86-3; 73 Stat. 
        4), by--
                    (A) ceding to the State of Hawaii title to the 
                public lands formerly held by the United States, and 
                mandating that those lands be held as a public trust 
                for 5 purposes, 1 of which is for the betterment of the 
                conditions of Native Hawaiians; and
                    (B) transferring the United States responsibility 
                for the administration of the Hawaiian Home Lands to 
                the State of Hawaii, but retaining the exclusive right 
                of the United States to consent to any actions 
                affecting the lands included in the trust and any 
                amendments to the Hawaiian Homes Commission Act, 1920 
                (42 Stat. 108, chapter 42), that are enacted by the 
                legislature of the State of Hawaii affecting the 
                beneficiaries under the Act;
            (23) the United States has continually recognized and 
        reaffirmed that--
                    (A) Native Hawaiians have a direct genealogical, 
                cultural, historic, and land-based connection to their 
                forebears, the aboriginal, indigenous, native people 
                who exercised original sovereignty over the Hawaiian 
                Islands;
                    (B) Native Hawaiians have never relinquished their 
                claims to sovereignty or their sovereign lands;
                    (C) the United States extends services to Native 
                Hawaiians because of their unique status as the native 
                people of a prior-sovereign nation with whom the United 
                States has a special political and legal relationship; 
                and
                    (D) the special relationship of American Indians, 
                Alaska Natives, and Native Hawaiians to the United 
                States arises out of their status as aboriginal, 
                indigenous, native people of the United States; and
            (24) the State of Hawaii supports the reaffirmation of the 
        special political and legal relationship between the Native 
        Hawaiian governing entity and the United States, as evidenced 
        by 2 unanimous resolutions enacted by the Hawaii State 
        Legislature in the 2000 and 2001 sessions of the Legislature 
        and by the testimony of the Governor of the State of Hawaii 
        before the Committee on Indian Affairs of the Senate on 
        February 25, 2003, and March 1, 2005.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Aboriginal, indigenous, native people.--The term 
        ``aboriginal, indigenous, native people'' means a people whom 
        Congress has recognized as the original inhabitants of the 
        lands that later became part of the United States and who 
        exercised sovereignty in the areas that later became part of 
        the United States.
            (2) Apology resolution.--The term ``Apology Resolution'' 
        means Public Law 103-150 (107 Stat. 1510), a Joint Resolution 
        extending an apology to Native Hawaiians on behalf of the 
        United States for the participation of agents of the United 
        States in the January 17, 1893, overthrow of the Kingdom of 
        Hawaii.
            (3) Commission.--The term ``Commission'' means the 
        Commission established under section 8(b).
            (4) Council.--The term ``Council'' means the Native 
        Hawaiian Interim Governing Council established under section 
        8(c)(2).
            (5) Indian program or service.--
                    (A) In general.--The term ``Indian program or 
                service'' means any federally funded or authorized 
                program or service provided to an Indian tribe (or 
                member of an Indian tribe) because of the status of the 
                members of the Indian tribe as Indians.
                    (B) Inclusions.--The term ``Indian program or 
                service'' includes a program or service provided by the 
                Bureau of Indian Affairs, the Indian Health Service, or 
                any other Federal agency.
            (6) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (7) Indigenous, native people.--The term ``indigenous, 
        native people'' means the lineal descendants of the aboriginal, 
        indigenous, native people of the United States.
            (8) Interagency coordinating group.--The term ``Interagency 
        Coordinating Group'' means the Native Hawaiian Interagency 
        Coordinating Group established under section 6.
            (9) Native hawaiian governing entity.--The term ``Native 
        Hawaiian governing entity'' means the governing entity 
        organized pursuant to this Act by the qualified Native Hawaiian 
        constituents.
            (10) Native hawaiian membership organization.--The term 
        ``Native Hawaiian Membership Organization'' means an 
        organization that--
                    (A) serves and represents the interests of Native 
                Hawaiians, has as a primary and stated purpose the 
                provision of services to Native Hawaiians, and has 
                expertise in Native Hawaiian affairs;
                    (B) has leaders who are elected democratically, or 
                selected through traditional Native leadership 
                practices, by members of the Native Hawaiian community;
                    (C) advances the cause of Native Hawaiians 
                culturally, socially, economically, or politically;
                    (D) is a membership organization or association; 
                and
                    (E) has an accurate and reliable list of Native 
                Hawaiian members.
            (11) Office.--The term ``Office'' means the United States 
        Office for Native Hawaiian Relations established by section 
        5(a).
            (12) Qualified native hawaiian constituent.--For the 
        purposes of establishing the roll authorized under section 8, 
        and prior to the recognition by the United States of the Native 
        Hawaiian governing entity, the term ``qualified Native Hawaiian 
        constituent'' means an individual who the Commission determines 
        has satisfied the following criteria and who makes a written 
        statement certifying that he or she--
                    (A) is--
                            (i) an individual who is 1 of the 
                        indigenous, native people of Hawaii and who is 
                        a direct lineal descendant of the aboriginal, 
                        indigenous, native people who--
                                    (I) resided in the islands that now 
                                comprise the State of Hawaii on or 
                                before January 1, 1893; and
                                    (II) occupied and exercised 
                                sovereignty in the Hawaiian 
                                archipelago, including the area that 
                                now constitutes the State of Hawaii; or
                            (ii) an individual who is 1 of the 
                        indigenous, native people of Hawaii and who was 
                        eligible in 1921 for the programs authorized by 
                        the Hawaiian Homes Commission Act, 1920 (42 
                        Stat. 108, chapter 42), or a direct lineal 
                        descendant of that individual;
                    (B) wishes to participate in the reorganization of 
                the Native Hawaiian governing entity;
                    (C) is 18 years of age or older;
                    (D) is a citizen of the United States; and
                    (E) maintains a significant cultural, social, or 
                civic connection to the Native Hawaiian community, as 
                evidenced by satisfying 2 or more of the following 10 
                criteria:
                            (i) Resides in the State of Hawaii.
                            (ii) Resides outside the State of Hawaii 
                        and--
                                    (I)(aa) currently serves or served 
                                as (or has a parent or spouse who 
                                currently serves or served as) a member 
                                of the Armed Forces or as an employee 
                                of the Federal Government; and
                                    (bb) resided in the State of Hawaii 
                                prior to the time he or she (or such 
                                parent or spouse) left the State of 
                                Hawaii to serve as a member of the 
                                Armed Forces or as an employee of the 
                                Federal Government; or
                                    (II)(aa) currently is or was 
                                enrolled (or has a parent or spouse who 
                                currently is or was enrolled) in an 
                                accredited institution of higher 
                                education outside the State of Hawaii; 
                                and
                                    (bb) resided in the State of Hawaii 
                                prior to the time he or she (or such 
                                parent or spouse) left the State of 
                                Hawaii to attend such institution.
                            (iii)(I) Is or was eligible to be a 
                        beneficiary of the programs authorized by the 
                        Hawaiian Homes Commission Act, 1920 (42 Stat. 
                        108, chapter 42), and resides or resided on 
                        land set aside as ``Hawaiian home lands'', as 
                        defined in such Act; or
                            (II) Is a child or grandchild of an 
                        individual who is or was eligible to be a 
                        beneficiary of the programs authorized by such 
                        Act and who resides or resided on land set 
                        aside as ``Hawaiian home lands'', as defined in 
                        such Act.
                            (iv) Is or was eligible to be a beneficiary 
                        of the programs authorized by the Hawaiian 
                        Homes Commission Act, 1920 (42 Stat. 108, 
                        chapter 42).
                            (v) Is a child or grandchild of an 
                        individual who is or was eligible to be a 
                        beneficiary of the programs authorized by the 
                        Hawaiian Homes Commission Act, 1920 (42 Stat. 
                        108, chapter 42).
                            (vi) Resides on or has an ownership 
                        interest in, or has a parent or grandparent who 
                        resides on or has an ownership interest in, 
                        ``kuleana land'' that is owned in whole or in 
                        part by a person who, according to a genealogy 
                        verification by the Office of Hawaiian Affairs 
                        or by court order, is a lineal descendant of 
                        the person or persons who received the original 
                        title to such ``kuleana land'', defined as 
                        lands granted to native tenants pursuant to 
                        Haw. L. 1850, p. 202, entitled ``An Act 
                        Confirming Certain Resolutions of the King and 
                        Privy Council Passed on the 21st day of 
                        December, A.D. 1849, Granting to the Common 
                        People Allodial Titles for Their Own Lands and 
                        House Lots, and Certain Other Privileges'', as 
                        amended by Haw. L. 1851, p. 98, entitled ``An 
                        Act to Amend An Act Granting to the Common 
                        People Allodial Titles for Their Own Lands and 
                        House Lots, and Certain Other Privileges'' and 
                        as further amended by any subsequent 
                        legislation.
                            (vii) Is, or is the child or grandchild of, 
                        an individual who has been or was a student for 
                        at least 1 school year at a school or program 
                        taught through the medium of the Hawaiian 
                        language under section 302H-6, Hawaii Revised 
                        Statutes, or at a school founded and operated 
                        primarily or exclusively for the benefit of 
                        Native Hawaiians.
                            (viii) Has been a member since September 
                        30, 2009, of at least 1 Native Hawaiian 
                        Membership Organization.
                            (ix) Has been a member since September 30, 
                        2009, of at least 2 Native Hawaiian Membership 
                        Organizations.
                            (x) Is regarded as a Native Hawaiian and 
                        whose mother or father is (or if deceased, was) 
                        regarded as Native Hawaiian by the Native 
                        Hawaiian community, as evidenced by sworn 
                        affidavits from two or more qualified Native 
                        Hawaiian constituents certified by the 
                        Commission as possessing expertise in the 
                        social, cultural, and civic affairs of the 
                        Native Hawaiian community.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (14) Special political and legal relationship.--The term 
        ``special political and legal relationship'' shall refer, 
        except where differences are specifically indicated elsewhere 
        in the Act, to the type of and nature of relationship the 
        United States has with the several federally recognized Indian 
        tribes.

SEC. 4. UNITED STATES POLICY AND PURPOSE.

    (a) Policy.--The United States reaffirms that--
            (1) Native Hawaiians are a unique and distinct, indigenous, 
        native people with whom the United States has a special 
        political and legal relationship;
            (2) the United States has a special political and legal 
        relationship with the Native Hawaiian people, which includes 
        promoting the welfare of Native Hawaiians;
            (3)(A) Congress possesses and hereby exercises the 
        authority under the Constitution, including but not limited to 
        article I, section 8, clause 3, to enact legislation to better 
        the conditions of Native Hawaiians and has exercised this 
        authority through the enactment of--
                    (i) the Hawaiian Homes Commission Act, 1920 (42 
                Stat. 108, chapter 42);
                    (ii) the Act entitled ``An Act to provide for the 
                admission of the State of Hawaii into the Union'', 
                approved March 18, 1959 (Public Law 86-3; 73 Stat. 4); 
                and
                    (iii) more than 150 other Federal laws addressing 
                the conditions of Native Hawaiians;
            (B) other sources of authority under the Constitution for 
        legislation on behalf of the indigenous, native peoples of the 
        United States, including Native Hawaiians, include but are not 
        limited to the Property, Treaty, and Supremacy Clauses, War 
        Powers, and the Fourteenth Amendment, and Congress hereby 
        relies on those powers in enacting this legislation; and
            (C) the Constitution's original Apportionment Clause and 
        the 14th Amendment Citizenship and amended Apportionment 
        Clauses also acknowledge the propriety of legislation on behalf 
        of the native peoples of the United States, including Native 
        Hawaiians;
            (4) Native Hawaiians have--
                    (A) an inherent right to autonomy in their internal 
                affairs;
                    (B) an inherent right of self-determination and 
                self-governance;
                    (C) the right to reorganize a Native Hawaiian 
                governing entity; and
                    (D) the right to become economically self-
                sufficient; and
            (5) the United States shall continue to engage in a process 
        of reconciliation and political relations with the Native 
        Hawaiian people.
    (b) Purpose.--The purpose of this Act is to provide a process for 
the reorganization of the single Native Hawaiian governing entity and 
the reaffirmation of the special political and legal relationship 
between the United States and that Native Hawaiian governing entity for 
purposes of continuing a government-to-government relationship.

SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RELATIONS.

    (a) Establishment.--There is established within the Office of the 
Secretary the United States Office for Native Hawaiian Relations.
    (b) Duties.--The Office shall--
            (1) continue the process of reconciliation with the Native 
        Hawaiian people in furtherance of the Apology Resolution;
            (2) upon the reaffirmation of the government-to-government 
        relationship between the single Native Hawaiian governing 
        entity and the United States, effectuate and coordinate the 
        special political and legal relationship between the Native 
        Hawaiian governing entity and the United States through the 
        Secretary, and with all other Federal agencies;
            (3) provide timely notice to, and consult with, the Native 
        Hawaiian governing entity before taking any actions that may 
        have the potential to significantly affect Native Hawaiian 
        resources, rights, or lands;
            (4) work with the Interagency Coordinating Group, other 
        Federal agencies, and the State of Hawaii on policies, 
        practices, and proposed actions affecting Native Hawaiian 
        resources, rights, or lands; and
            (5) prepare and submit to the Committee on Indian Affairs 
        and the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Natural Resources of the House of 
        Representatives an annual report detailing the activities of 
        the Interagency Coordinating Group that are undertaken with 
        respect to the continuing process of reconciliation and to 
        effect meaningful consultation with the Native Hawaiian 
        governing entity and may provide recommendations for any 
        necessary changes to Federal law or regulations promulgated 
        under the authority of Federal law.
    (c) Applicability to Department of Defense.--This section shall 
have no applicability to the Department of Defense or to any agency or 
component of the Department of Defense, but the Secretary of Defense 
may designate 1 or more officials as liaison to the Office.

SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING GROUP.

    (a) Establishment.--In recognition that Federal programs authorized 
to address the conditions of Native Hawaiians are largely administered 
by Federal agencies other than the Department of the Interior, there is 
established an interagency coordinating group, to be known as the 
``Native Hawaiian Interagency Coordinating Group''.
    (b) Composition.--The Interagency Coordinating Group shall be 
composed of officials, to be designated by the President, from--
            (1) each Federal agency whose actions may significantly or 
        uniquely impact Native Hawaiian programs, resources, rights, or 
        lands; and
            (2) the Office.
    (c) Lead Agency.--
            (1) In general.--The Department of the Interior and the 
        White House Office of Intergovernmental Affairs shall serve as 
        the leaders of the Interagency Coordinating Group.
            (2) Meetings.--The Secretary shall convene meetings of the 
        Interagency Coordinating Group.
    (d) Duties.--The Interagency Coordinating Group shall--
            (1) coordinate Federal programs and policies that affect 
        Native Hawaiians or actions by any agency or agencies of the 
        Federal Government that may significantly or uniquely affect 
        Native Hawaiian resources, rights, or lands;
            (2) consult with the Native Hawaiian governing entity, 
        through the coordination referred to in paragraph (1), but the 
        consultation obligation established in this provision shall 
        apply only after the satisfaction of all of the conditions 
        referred to in section 8(c)(8); and
            (3) ensure the participation of each Federal agency in the 
        development of the report to Congress authorized in section 
        5(b)(5).
    (e) Applicability to Department of Defense.--This section shall 
have no applicability to the Department of Defense or to any agency or 
component of the Department of Defense, but the Secretary of Defense 
may designate 1 or more officials as liaison to the Interagency 
Coordinating Group.

SEC. 7. DESIGNATION OF DEPARTMENT OF JUSTICE REPRESENTATIVE.

    The Attorney General shall designate an appropriate official within 
the Department of Justice to assist the Office in the implementation 
and protection of the rights of Native Hawaiians and their political 
and legal relationship with the United States, and upon the recognition 
of the Native Hawaiian governing entity as provided for in section 8, 
in the implementation and protection of the rights of the Native 
Hawaiian governing entity and its political and legal relationship with 
the United States.

SEC. 8. PROCESS FOR REORGANIZATION OF NATIVE HAWAIIAN GOVERNING ENTITY 
              AND REAFFIRMATION OF SPECIAL POLITICAL AND LEGAL 
              RELATIONSHIP BETWEEN UNITED STATES AND NATIVE HAWAIIAN 
              GOVERNING ENTITY.

    (a) Recognition of Native Hawaiian Governing Entity.--The right of 
the qualified Native Hawaiian constituents to reorganize the single 
Native Hawaiian governing entity to provide for their common welfare 
and to adopt appropriate organic governing documents is recognized by 
the United States.
    (b) Commission.--
            (1) In general.--There is authorized to be established a 
        Commission to be composed of 9 members for the purposes of--
                    (A) preparing and maintaining a roll of qualified 
                Native Hawaiian constituents; and
                    (B) certifying that the individuals on the roll of 
                qualified Native Hawaiian constituents meet the 
                definition of qualified Native Hawaiian constituent set 
                forth in section 3.
            (2) Membership.--
                    (A) Appointment.--
                            (i) In general.--Not later than 180 days 
                        after the date of enactment of this Act, the 
                        Secretary shall appoint the members of the 
                        Commission in accordance with subparagraph (B).
                            (ii) Consideration.--In making an 
                        appointment under clause (i), the Secretary may 
                        take into consideration a recommendation made 
                        by any Native Hawaiian Membership Organization.
                    (B) Requirements.--Each member of the Commission 
                shall demonstrate, as determined by the Secretary--
                            (i) not less than 10 years of experience in 
                        the study and determination of Native Hawaiian 
                        genealogy (traditional cultural experience 
                        shall be given due consideration); and
                            (ii) an ability to read and translate into 
                        English documents written in the Hawaiian 
                        language.
                    (C) Vacancies.--A vacancy on the Commission--
                            (i) shall not affect the powers of the 
                        Commission; and
                            (ii) shall be filled in the same manner as 
                        the original appointment.
            (3) Expenses.--Each member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Commission.
            (4) Duties.--The Commission shall--
                    (A) prepare and maintain a roll of qualified Native 
                Hawaiian constituents as set forth in subsection (c); 
                and
                    (B) certify that the individuals on the roll of 
                qualified Native Hawaiian constituents meet the 
                definition of that term as set forth in section 3.
            (5) Staff.--
                    (A) In general.--The Commission may, without regard 
                to the civil service laws (including regulations), 
                appoint and terminate an executive director and such 
                other additional personnel as are necessary to enable 
                the Commission to perform the duties of the Commission.
                    (B) Compensation.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Commission may fix the 
                        compensation of the executive director and 
                        other personnel without regard to the 
                        provisions of chapter 51 and subchapter III of 
                        chapter 53 of title 5, United States Code, 
                        relating to classification of positions and 
                        General Schedule pay rates.
                            (ii) Maximum rate of pay.--The rate of pay 
                        for the executive director and other personnel 
                        shall not exceed the rate payable for level V 
                        of the Executive Schedule under section 5316 of 
                        title 5, United States Code.
            (6) Detail of federal government employees.--
                    (A) In general.--An employee of the Federal 
                Government may be detailed to the Commission without 
                reimbursement.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (7) Procurement of temporary and intermittent services.--
        The Commission may procure temporary and intermittent services 
        in accordance with section 3109(b) of title 5, United States 
        Code, at rates for individuals that do not exceed the daily 
        equivalent of the annual rate of basic pay prescribed for level 
        V of the Executive Schedule under section 5316 of that title.
            (8) Expiration.--The Secretary shall dissolve the 
        Commission upon the reaffirmation of the special political and 
        legal relationship between the Native Hawaiian governing entity 
        and the United States.
    (c) Process for Reorganization of Native Hawaiian Governing 
Entity.--
            (1) Roll.--
                    (A) Contents.--The roll shall include the names of 
                the qualified Native Hawaiian constituents who are 
                certified by the Commission to be qualified Native 
                Hawaiian constituents, as defined in section 3.
                    (B) Formation of roll.--Each individual claiming to 
                be a qualified Native Hawaiian constituent shall submit 
                to the Commission documentation in the form established 
                by the Commission that is sufficient to enable the 
                Commission to determine whether the individual meets 
                the definition set forth in section 3; Provided, That 
                an individual presenting evidence that he or she 
                satisfies the definition in section 2 of Public Law 
                103-150 shall be presumed to meet the requirement of 
                section 3(12)(A)(i).
                    (C) Documentation.--The Commission shall--
                            (i)(I) identify the types of documentation 
                        that may be submitted to the Commission that 
                        would enable the Commission to determine 
                        whether an individual meets the definition of 
                        qualified Native Hawaiian constituent set forth 
                        in section 3;
                            (II) recognize an individual's 
                        identification of lineal ancestors on the 1890 
                        Census by the Kingdom of Hawaii as a reliable 
                        indicia of lineal descent from the aboriginal, 
                        indigenous, native people who resided in the 
                        islands that now comprise the State of Hawaii 
                        on or before January 1, 1893; and
                            (III) permit elderly Native Hawaiians and 
                        other Native Hawaiians lacking birth 
                        certificates or other documentation due to 
                        birth on Hawaiian Home Lands or other similar 
                        circumstances to establish lineal descent by 
                        sworn affidavits from 2 or more qualified 
                        Native Hawaiian constituents;
                            (ii) establish a standard format for the 
                        submission of documentation and a process to 
                        ensure veracity; and
                            (iii) publish information related to 
                        clauses (i) and (ii) in the Federal Register.
                    (D) Consultation.--In making determinations that 
                each individual proposed for inclusion on the roll of 
                qualified Native Hawaiian constituents meets the 
                definition of qualified Native Hawaiian constituent in 
                section 3, the Commission may consult with Native 
                Hawaiian Membership Organizations, agencies of the 
                State of Hawaii including but not limited to the 
                Department of Hawaiian Home Lands, the Office of 
                Hawaiian Affairs, and the State Department of Health, 
                and other entities with expertise and experience in the 
                determination of Native Hawaiian ancestry and lineal 
                descendancy.
                    (E) Notification.--The Commission shall--
                            (i) inform an individual whether they have 
                        been deemed by the Commission a qualified 
                        Native Hawaiian constituent; and
                            (ii) inform an individual of a right to 
                        appeal the decision if deemed not to be a 
                        qualified Native Hawaiian constituent.
                    (F) Certification and submittal of roll to 
                secretary.--The Commission shall--
                            (i) submit the roll containing the names of 
                        those individuals who meet the definition of 
                        qualified Native Hawaiian constituent in 
                        section 3 to the Secretary within 2 years from 
                        the date on which the Commission is fully 
                        composed; and
                            (ii) certify to the Secretary that each of 
                        the qualified Native Hawaiian constituents 
                        proposed for inclusion on the roll meets the 
                        definition set forth in section 3.
                    (G) Publication.--Upon certification by the 
                Commission to the Secretary that those listed on the 
                roll meet the definition of qualified Native Hawaiian 
                constituent set forth in section 3, the Commission 
                shall publish the notice of the certification of the 
                roll in the Federal Register, notwithstanding pending 
                appeals pursuant to subparagraph (H).
                    (H) Appeal.--The Secretary, in consultation with 
                the Commission, shall establish a mechanism for an 
                administrative appeal for any person whose name is 
                excluded from the roll who claims to meet the 
                definition of qualified Native Hawaiian constituent in 
                section 3.
                    (I) Publication; update.--The Commission shall--
                            (i) publish the notice of the certification 
                        of the roll regardless of whether appeals are 
                        pending;
                            (ii) update the roll and provide notice of 
                        the updated roll on the final disposition of 
                        any appeal;
                            (iii) update the roll to include any person 
                        who has been certified by the Commission as 
                        meeting the definition of qualified Native 
                        Hawaiian constituent in section 3 after the 
                        initial publication of the roll or after any 
                        subsequent publications of the roll; and
                            (iv) provide a copy of the roll and any 
                        updated rolls to the Council.
                    (J) Effect of publication.--The publication of the 
                initial and updated roll shall serve as the basis for 
                the eligibility of qualified Native Hawaiian 
                constituents whose names are listed on those rolls to 
                participate in the reorganization of the Native 
                Hawaiian governing entity.
            (2) Organization of council.--
                    (A) Organization.--The Commission, in consultation 
                with the Secretary, shall hold a minimum of 3 meetings 
                and each meeting shall be at least 2 working days of 
                the qualified Native Hawaiian constituents listed on 
                the roll established under this section--
                            (i) to develop criteria for candidates to 
                        be elected to serve on the Council;
                            (ii) to determine the structure of the 
                        Council, including the number of Council 
                        members; and
                            (iii) to elect members from individuals 
                        listed on the roll established under this 
                        subsection to the Council.
                    (B) Powers.--
                            (i) In general.--The Council--
                                    (I) shall represent those listed on 
                                the roll established under this section 
                                in the implementation of this Act; and
                                    (II) shall have no powers other 
                                than powers given to the Council under 
                                this Act.
                            (ii) Funding.--The Council may enter into a 
                        contract with, or obtain a grant from, any 
                        Federal or State agency to carry out clause 
                        (iii).
                            (iii) Activities.--
                                    (I) In general.--The Council shall 
                                conduct, among the qualified Native 
                                Hawaiian constituents listed on the 
                                roll established under this subsection, 
                                a referendum for the purpose of 
                                determining the proposed elements of 
                                the organic governing documents of the 
                                Native Hawaiian governing entity, 
                                including but not limited to--
                                            (aa) the proposed criteria 
                                        for future membership in the 
                                        Native Hawaiian governing 
                                        entity;
                                            (bb) the proposed powers 
                                        and authorities to be exercised 
                                        by the Native Hawaiian 
                                        governing entity, as well as 
                                        the proposed privileges and 
                                        immunities of the Native 
                                        Hawaiian governing entity;
                                            (cc) the proposed civil 
                                        rights and protection of the 
                                        rights of the citizens of the 
                                        Native Hawaiian governing 
                                        entity and all persons affected 
                                        by the exercise of governmental 
                                        powers and authorities of the 
                                        Native Hawaiian governing 
                                        entity; and
                                            (dd) other issues 
                                        determined appropriate by the 
                                        Council.
                                    (II) Development of organic 
                                governing documents.--Based on the 
                                referendum, the Council shall develop 
                                proposed organic governing documents 
                                for the Native Hawaiian governing 
                                entity and may seek technical 
                                assistance from the Secretary on the 
                                draft organic governing documents to 
                                ensure that the draft organic governing 
                                documents comply with this Act and 
                                other Federal law.
                                    (III) Distribution.--The Council 
                                shall publish to all qualified Native 
                                Hawaiian constituents of the Native 
                                Hawaiian governing entity listed on the 
                                roll published under this subsection 
                                notice of the availability of--
                                            (aa) a copy of the proposed 
                                        organic governing documents, as 
                                        drafted by the Council; and
                                            (bb) a brief impartial 
                                        description of the proposed 
                                        organic governing documents;
                                    (IV) Elections.--
                                            (aa) In general.--Not 
                                        sooner than 180 days after the 
                                        proposed organic governing 
                                        documents are drafted and 
                                        distributed, the Council, with 
                                        the assistance of the 
                                        Secretary, shall hold elections 
                                        for the purpose of ratifying 
                                        the proposed organic governing 
                                        documents.
                                            (bb) Purpose.--The Council, 
                                        with the assistance of the 
                                        Secretary, shall hold the 
                                        election for the purpose of 
                                        ratifying the proposed organic 
                                        governing documents 60 days 
                                        after publishing notice of an 
                                        election.
                                            (cc) Officers.--On 
                                        certification of the organic 
                                        governing documents by the 
                                        Secretary in accordance with 
                                        paragraph (4), the Council, 
                                        with the assistance of the 
                                        Secretary, shall hold elections 
                                        of the officers of the Native 
                                        Hawaiian governing entity 
                                        pursuant to paragraph (5).
            (3) Submittal of organic governing documents.--Following 
        the reorganization of the Native Hawaiian governing entity and 
        the adoption of organic governing documents, the Council shall 
        submit the organic governing documents of the Native Hawaiian 
        governing entity to the Secretary.
            (4) Certifications.--
                    (A) In general.--Within the context of the future 
                negotiations to be conducted under the authority of 
                section 9(b)(1), and the subsequent actions by the 
                Congress and the State of Hawaii to enact legislation 
                to implement the agreements of the 3 governments, not 
                later than 180 days, which may be extended an 
                additional 90 days if the Secretary deems necessary, 
                after the date on which the Council submits the organic 
                governing documents to the Secretary, the Secretary 
                shall certify or decline to certify that the organic 
                governing documents--
                            (i) establish the criteria for membership 
                        in the Native Hawaiian governing entity;
                            (ii) were adopted by a majority vote of 
                        those qualified Native Hawaiian constituents 
                        whose names are listed on the roll published by 
                        the Secretary and who voted in the election;
                            (iii) provide authority for the Native 
                        Hawaiian governing entity to negotiate with 
                        Federal, State, and local governments, and 
                        other entities;
                            (iv) provide for the exercise of inherent 
                        and other appropriate governmental authorities 
                        by the Native Hawaiian governing entity;
                            (v) prevent the sale, disposition, lease, 
                        or encumbrance of lands, interests in lands, or 
                        other assets of the Native Hawaiian governing 
                        entity without the consent of the Native 
                        Hawaiian governing entity;
                            (vi) provide for the protection of the 
                        civil rights of the citizens of the Native 
                        Hawaiian governing entity and all persons 
                        affected by the exercise of governmental powers 
                        and authorities by the Native Hawaiian 
                        governing entity; and
                            (vii) are consistent with applicable 
                        Federal law.
                    (B) Resubmission in case of noncompliance.--
                            (i) Resubmission by the secretary.--If the 
                        Secretary determines that the organic governing 
                        documents, or any part of the documents, do not 
                        meet all of the requirements set forth in 
                        subparagraph (A), the Secretary shall resubmit 
                        the organic governing documents to the Council, 
                        along with a justification for each of the 
                        Secretary's findings as to why the provisions 
                        are not in full compliance.
                            (ii) Amendment and resubmission of organic 
                        governing documents.--If the organic governing 
                        documents are resubmitted to the Council by the 
                        Secretary under clause (i), the Council shall--
                                    (I) amend the organic governing 
                                documents to ensure that the documents 
                                meet all the requirements set forth in 
                                subparagraph (A); and
                                    (II) resubmit the amended organic 
                                governing documents to the Secretary 
                                for certification in accordance with 
                                this paragraph.
                    (C) Certifications deemed made.--The certifications 
                under this paragraph shall be deemed to have been made 
                if the Secretary has not acted within 180 days after 
                the date on which the Council has submitted the organic 
                governing documents of the Native Hawaiian governing 
                entity to the Secretary.
            (5) Elections.--On completion of the certifications by the 
        Secretary under paragraph (4), the Council, with the assistance 
        of the Secretary, shall hold elections of the officers of the 
        Native Hawaiian governing entity.
            (6) Provision of roll.--The Council shall provide a copy of 
        the roll of qualified Native Hawaiian constituents to the 
        governing body of the Native Hawaiian governing entity.
            (7) Termination.--The Council shall cease to exist and 
        shall have no power or authority under this Act after the 
        officers of the governing body who are elected as provided in 
        paragraph (5) are installed.
            (8) Reaffirmation.--Notwithstanding any other provision of 
        law, the special political and legal relationship between the 
        United States and the Native Hawaiian people is hereby 
        reaffirmed and the United States extends Federal recognition to 
        the Native Hawaiian governing entity as the representative 
        sovereign governing body of the Native Hawaiian people after--
                    (A) the approval of the organic governing documents 
                by the Secretary under subparagraph (A) or (C) of 
                paragraph (4); and
                    (B) the officers of the Native Hawaiian governing 
                entity elected under paragraph (5) have been installed.

SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY TO STATE OF 
              HAWAII; NEGOTIATIONS; CLAIMS.

    (a) Reaffirmation.--The delegation by the United States of 
authority to the State of Hawaii to address the conditions of the 
indigenous, native people of Hawaii contained in the Act entitled ``An 
Act to provide for the admission of the State of Hawaii into the 
Union'', approved March 18, 1959 (Public Law 86-3; 73 Stat. 4), is 
reaffirmed.
    (b) Negotiations.--
            (1) In general.--Upon the reaffirmation of the special 
        political and legal relationship between the United States and 
        the Native Hawaiian governing entity, the United States and the 
        State of Hawaii may enter into negotiations with the Native 
        Hawaiian governing entity designed to lead to an agreement or 
        agreements addressing such matters as--
                    (A) the transfer of State of Hawaii lands and 
                surplus Federal lands, natural resources, and other 
                assets, and the protection of existing rights related 
                to such lands or resources;
                    (B) the exercise of governmental authority over any 
                transferred lands, natural resources, and other assets, 
                including land use;
                    (C) the exercise of civil and criminal 
                jurisdiction;
                    (D) the exercise of other powers and authorities 
                that are recognized by the United States as powers and 
                authorities typically exercised by governments 
                representing indigenous, native people of the United 
                States;
                    (E) any residual responsibilities of the United 
                States and the State of Hawaii; and
                    (F) grievances regarding assertions of historical 
                wrongs committed against Native Hawaiians by the United 
                States or by the State of Hawaii.
            (2) Amendments to existing laws.--Upon agreement on any 
        matter or matters negotiated with the United States or the 
        State of Hawaii, and the Native Hawaiian governing entity, the 
        parties may submit--
                    (A) to the Committee on Indian Affairs of the 
                Senate, the Committee on Energy and Natural Resources 
                of the Senate, and the Committee on Natural Resources 
                of the House of Representatives recommendations for 
                proposed amendments to Federal law that will enable the 
                implementation of agreements reached between the 
                governments; and
                    (B) to the Governor and the legislature of the 
                State of Hawaii, recommendations for proposed 
                amendments to State law that will enable the 
                implementation of agreements reached between the 
                governments.
            (3) Governmental authority and power.--The Native Hawaiian 
        governing entity shall be vested with the inherent powers and 
        privileges of self-government of a native government under 
        existing law, except as set forth in section 10(a). Said powers 
        and privileges may be modified by agreement between the Native 
        Hawaiian governing entity, the United States, and the State 
        pursuant to paragraph (1), subject to the limit described by 
        section 10(a). Unless so agreed, nothing in this Act shall 
        preempt Federal or State authority over Native Hawaiians or 
        their property under existing law or authorize the State to tax 
        or regulate the Native Hawaiian governing entity.
            (4) Membership.--Once the United States extends Federal 
        recognition to the Native Hawaiian governing entity, the United 
        States will recognize and affirm the Native Hawaiian governing 
        entity's inherent power and authority to determine its own 
        membership criteria, to determine its own membership, and to 
        grant, deny, revoke, or qualify membership without regard to 
        whether any person was or was not deemed to be a qualified 
        Native Hawaiian constituent under this Act.
    (c) Claims.--Nothing in this Act--
            (1) alters existing law, including case law, regarding 
        obligations of the United States or the State of Hawaii 
        relating to events or actions that occurred prior to 
        recognition of the Native Hawaiian governing entity;
            (2) creates, enlarges, revives, modifies, diminishes, 
        extinguishes, waives, or otherwise alters any claim or cause of 
        action against the United States or its officers or the State 
        of Hawaii or its officers, or any defense (including the 
        defense of statute of limitations) to any such claim or cause 
        of action; or
            (3) amends section 2409a of title 28, United States Code 
        (commonly known as the ``Quiet Title Act''), chapter 171 of 
        title 28, United States Code (commonly known as the ``Federal 
        Tort Claims Act''), section 1491 of title 28, United States 
        Code (commonly known as the ``Tucker Act''), section 1505 of 
        title 28, United States Code (commonly known as the ``Indian 
        Tucker Act''), the Hawaii Organic Act (31 Stat. 141), or any 
        other Federal statute, except as expressly amended by this Act.

SEC. 10. APPLICABILITY OF CERTAIN FEDERAL LAWS.

    (a) Indian Gaming Regulatory Act.--
            (1) In general.--The Native Hawaiian governing entity and 
        Native Hawaiians may not conduct gaming activities as a matter 
        of claimed inherent authority or under the authority of any 
        Federal law, including the Indian Gaming Regulatory Act (25 
        U.S.C. 2701 et seq.) or under any regulations thereunder 
        promulgated by the Secretary or the National Indian Gaming 
        Commission.
            (2) Applicability.--The prohibition contained in paragraph 
        (1) regarding the use of Indian Gaming Regulatory Act (25 
        U.S.C. 2701 et seq.) and inherent authority to game applies 
        regardless of whether gaming by Native Hawaiians or the Native 
        Hawaiian governing entity would be located on land within the 
        State of Hawaii or within any other State or territory of the 
        United States.
    (b) Single Governing Entity.--This Act will result in the 
recognition of the single Native Hawaiian governing entity. Additional 
Native Hawaiian groups shall not be eligible for acknowledgment 
pursuant to the Federal Acknowledgment Process set forth in part 83 of 
title 25, Code of Federal Regulations, or any other administrative 
acknowledgment or recognition process.
    (c) Indian Civil Rights Act of 1968.--The Council and the 
subsequent governing entity recognized under this Act shall be an 
Indian tribe, as defined in section 201 of the Indian Civil Rights Act 
of 1968 (25 U.S.C. 1301) for purposes of sections 201 through 203 of 
that Act (25 U.S.C. 1301-1303).
    (d) Indian Programs, Services, and Laws.--
            (1) In general.--Notwithstanding any other provision of 
        this Act, nothing in this Act extends eligibility for any 
        Indian program or service to the Native Hawaiian governing 
        entity or its members unless a statute governing such a program 
        or service expressly provides that Native Hawaiians or the 
        Native Hawaiian governing entity is eligible for such program 
        or service. Nothing in this Act affects the eligibility of any 
        person for any program or service under any statute or law in 
        effect before the date of enactment of this Act.
            (2) Applicability of other terms.--In Federal statutes or 
        regulations in force prior to the United States' recognition of 
        the Native Hawaiian governing entity, the terms ``Indian'' and 
        ``Native American'', and references to Indian tribes, bands, 
        nations, pueblos, villages, or other organized groups or 
        communities, shall not apply to the Native Hawaiian governing 
        entity or its members, unless the Federal statute or regulation 
        expressly applies to Native Hawaiians or the Native Hawaiian 
        governing entity.
    (e) Real Property Transfers.--Section 2116 of the Revised Statutes 
(commonly known as the ``Indian Trade and Intercourse Act'') (25 U.S.C. 
177) does not apply to any purchase, grant, lease, or other conveyance 
of lands, or of any title or claim thereto, from Native Hawaiians, 
Native Hawaiian entities, or the Kingdom of Hawaii that occurred prior 
to the date of the United States recognition of the Native Hawaiian 
governing entity.

SEC. 11. SEVERABILITY.

    If any section or provision of this Act is held invalid, it is the 
intent of Congress that the remaining sections or provisions shall 
continue in full force and effect.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>
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